Talk to an Intellectual Property Lawyer

Patent ownership rights don’t begin until the patent is
issued by the U.S. Patent and Trademark Office (PTO). It usually takes the PTO
one to three years after the application is filed to issue a
patent, sometimes longer. But ownership issues must be sorted out by the time
the application is filed—that is, long before a patent issues and any patent
rights actually exist.

This is because all people who will own the invention, if
and when a patent issues, must join in the patent application. At this
point—before a patent issues—these people own potential, rather than actual,
patent rights. Although these are only potential rights, they are subject to
the same patent ownership rules that are applied to inventions that have
received a patent. Moreover, they can be transferred (sold or licensed) the
same as the rights in a patented invention.

As explained below, the inventor is always the initial owner
of the potential patent rights in an invention, but this ownership is often
transferred to, or shared with, others. To determine who owns a patent, you
need to answer the following questions.

Are you the inventor? If you qualify as
the inventor, you will be the original owner of an invention. Click here
to determine whether you qualify as an inventor.

Are you a solo or joint inventor? If
you are a solo inventor, you will be the only original owner of your invention.
If you’re a joint inventor, you’ll have to share original ownership with your
fellow inventors. Click here to determine whether you are a solo inventor or a joint inventor.

Are you an employee/contractor inventor?
If you’re an employed or independent contractor inventor, you may have a legal
obligation to assign your ownership rights to your employer or client, or at
least give it the right to use and sell your invention for free. This is so
whether you are a solo or joint inventor. Click here to learn more about
employee/employee invention ownership

Have you transferred your ownership? If
you’re a solo inventor, you may permanently transfer all or part of your
ownership through an assignment. Click here to learn more about
assignments. If you’re a joint inventor, you’ll need to get the approval of the
other joint owners.